Vol. 146, No. 10 — May 9, 2012
SOR/2012-86 April 24, 2012
EXPORT AND IMPORT PERMITS ACT
Order Amending the Area Control List
P.C. 2012-525 April 24, 2012
His Excellency the Governor General in Council, on the recommendation of the Minister of Foreign Affairs, pursuant to section 6 (see footnote a) of the Export and Import Permits Act (see footnote b), hereby makes the annexed Order Amending the Area Control List.
ORDER AMENDING THE AREA CONTROL LIST
1. The Area Control List (see footnote 1) is amended by striking out the following:
COMING INTO FORCE
2. This Order comes into force on the day on which it is registered.
REGULATORY IMPACT ANALYSIS STATEMENT
(This statement is not part of the Order.)
Section 4 of the Export and Import Permits Act (EIPA) authorizes the Governor in Council to establish a list of countries called the Area Control List (ACL), a list of destinations to which the Governor in Council deems it necessary to control the export or transfer of any goods and technology. Section 6 of the EIPA authorizes the Governor in Council to amend the ACL.
In 1997, in light of the deteriorating human rights situation in Burma (referred to as Myanmar in the Regulations), the Governor in Council added Myanmar to the ACL.
As a result of this addition to the ACL, any exporter wishing to export or transfer any item to this destination was required to obtain an export permit issued by Foreign Affairs and International Trade Canada (DFAIT) in order to lawfully do so.
Since 1997, all applications for permits to export goods and technology to this destination have been reviewed on a case-by-case basis. Applications have been generally approved for exports that responded to humanitarian needs and circumstances or that consisted of personal or settlers’ effects that were taken or shipped by an individual leaving Canada and that were solely for the use of the individual or the individual’s immediate family. All other applications were generally denied.
Recent positive developments in Burma indicate a significant improvement in the democracy and human rights situation, in stark contrast with the situation over the previous number of years. Hundreds of political prisoners have been released, new ceasefires have been signed with most ethnic groups, Aung San Suu Kyi and other members of her party have been elected to Parliament and overall basic freedoms have improved.
As a result of these improvements, a revision of the Government of Canada’s policy regarding Burma is now warranted. Substantial changes to Canada’s sanctions, including an easing of trade, investment, and financial services provisions, are needed in order to reward progress and to encourage reformers in the Burmese government to continue their efforts.
The regulatory action aims to contribute to international efforts to recognize positive changes taking place in Burma.
The Order Amending the Area Control List will remove Myanmar from the ACL, a list of destinations to which the Governor in Council deems it necessary to control the export or transfer of any goods and technology. As a result of this amendment to the ACL, exporters of uncontrolled goods and technology (items that are not listed on Canada’s Export Control List) will no longer require an export permit issued under the authority of the EIPA in order to lawfully export those items to Burma.
Consultations regarding this amendment to the ACL have been held with stakeholder divisions within DFAIT and the Department of Justice.
6. Small business lens
This amendment to the ACL is not expected to result in any increase in the administrative burden for small businesses within Canada.
The current Burmese government has demonstrated a willingness to implement reforms and has made improvements to the human rights and democracy situation. International support and recognition are important to ensure that these efforts continue.
Easing sanctions is also necessary to enable Canada to more effectively pursue its interests in Burma including strengthening human rights and democracy, and the possibility of international development cooperation. Easing Canadian sanctions will increase opportunities for Canadian organizations to undertake programs such as democracy development in Burma.
Lifting the restrictions on trade, which includes the removal of Myanmar from the ACL, is a component of Canada’s overall revised policy.
Furthermore, like-minded countries and entities such as the United States, Australia and the European Union are expected to take or have already taken measures to ease their sanctions against Burma. Keeping Canadian sanctions in line with those of our major partners is a key element of their effectiveness.
8. Implementation, enforcement and service standards
All items listed on the Export Control List remain subject to export permit requirements, unless otherwise stated. Failure to comply with the EIPA, or its related regulatory or other requirements, can lead to prosecution. The Canada Border Services Agency and the Royal Canadian Mounted Police are responsible for the enforcement of export controls.
Export Controls Division (TIE)
Department of Foreign Affairs and International Trade
125 Sussex Drive
S.C. 1991, c. 28, s. 3
R.S., c. E-19